P.Mylsamy v. The District Collector

ORDER This Writ Petition has been filed challenging the impugned communication, dated 23.01.2026 sent by the 3rd respondent, rejecting the petitioner's application seeking survey and demarcation of boundaries of the property morefully disclosed in the prayer to this writ petition.

¶2Mr.S.Arumugam, learned Government Advocate, accepts notice on behalf of the respondents.

¶3The petitioner has challenged the impugned communication on the ground that it is a non-speaking communication with regard to the petitioner's request for survey and demarcation of boundaries. According to the petitioner, no civil suit is pending against the petitioner and the petitioner is also not aware that an interim injunction has been granted by Page No.2 of 6 the civil court over the very same property, for which, the petitioner had made a request for survey and demarcation of boundaries. In the impugned communication, dated 23.01.2026 issued by the 3rd respondent, the 3rd respondent has informed the petitioner that there is an interim injunction order granted over the property by the civil court. However, the petitioner disputes the same.

¶4Admittedly, no opportunity of hearing was granted to the petitioner before passing the impugned communication. Excepting for stating that there is an interim injunction order from a civil court, the details of the civil suit and the date of the interim injunction order were also not disclosed in the impugned communication, dated 23.01.2026.

¶5For the foregoing reasons, this Court is of the considered view that the impugned communication dated 23.01.2026 sent by the 3rd respondent is a non-speaking communication with regard to the petitioner's contentions and it has been sent in violation of the principles of natural justice. Hence, this Court is of the considered view that the impugned communication, dated 23.01.2026 issued by the 3rd respondent Page No.3 of 6 has to be quashed and the matter has to be remanded back to the 3rd respondent for fresh consideration.

¶6Accordingly, the impugned communication, dated 23.01.2026 sent by the 3rd respondent is hereby quashed and the matter is remanded back to the 3rd respondent for fresh consideration on merits and in accordance with law. The 3rd respondent shall pass final orders on merits and in accordance with law on the petitioner's application seeking survey and demarcation of boundaries of the property morefully disclosed in the prayer to this writ petition, after giving due consideration to the supporting documents produced by the petitioner and after hearing all the necessary parties, which includes the neighbouring land owners and any other party, whom the 3rd respondent deems it fit to put on notice, and thereafter, the 3rd respondent shall take a final decision as to whether the survey and demarcation of boundaries as sought for by the petitioner over the subject property can be conducted or not. The aforesaid exercise of survey and demarcation of boundaries shall be completed by the 3rd respondent, within a period of twelve (12) weeks from the date of receipt of a copy of this order. Page No.4 of 6

¶7In the above terms, this Writ Petition is disposed of. No costs.

21.04.2026 Index : Yes / No Speaking order / Non-speaking order sp To

1.The District Collector, District Collector Office, Coimbatore – 641 018.

2.The Revenue Divisional Officer, Sub-Collector Office, Pollachi.

3.The Tahsildar, Taluk Office, Kinathukadavu Taluk, Coimbatore District.

4.The Taluk Head Surveyor, Kinathukadavu Taluk, Coimbatore District. Page No.5 of 6 ABDUL QUDDHOSE,

J.

sp W.P.No.

14939 o

f 2026

21.04.2026 Page No.6 of 6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.04.2026 CORAM : THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE P.Mylsamy ... Petitioner Vs. 1.The District Collector, District Collector Office, Coimbatore – 641 018. 2.The Revenue Divisional Officer, Sub-Collector Office, Pollachi. 3.The Tahsildar, Taluk Office, Kinathukadavu Taluk, Coimbatore District. 4.The Taluk Head Surveyor, Kinathukadavu Taluk, Coimbatore District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned communication sent by the 3rd respondent through short message service (SMS), on 23.01.2026 for application No.2025/0123/12/011835 and quash the same as contrary to fact, against law and consequently direct the 3rd and 4th respondents Page No.1 of 6 herein to survey of the petitioner's land in S.No.46/B4 to an extent of 1.92 acres situated in Pottaiyandipurambu Village, Kinathukadavu Taluk, Coimbatore District, within a time frame fixed by this Court. For Petitioner : Mr.P.Dinesh Kumar For Respondents : Mr.S.Arumugam Government Advocate *****